Orlando, FL
Litigation Lawyer at Orlando, FL
Practice Areas: Litigation, Libel & Slander ... +11 more
OUTCOME: Dismissed
My client was sued for the alleged non-payment of a credit-card debt. I filed a motion to dismiss, arguing that bill-collector Plaintiff had failed to establish standing to collect on the account in q ... uestion. I also argued that the Plaintiff had failed to state a cause of action.
OUTCOME: Bank's motion to dismiss was denied, and the case moved forward and eventually settled.
This was a class-action lawsuit against a credit-card issuer for breach of contract for failing to credit customers' payments "upon receipt" as provided for in the credit-card terms and conditions. Th ... e bank moved to dismiss the Complaint, alleging that the relationship between the cardholder and the bank was governed instead by the monthly billing statement, which contained a different clause about when payments would be credited. In the cardholder's response to the motion to dismiss, I successfully argued that the monthly statement was not part of the agreement, and the case was able to move forward. Opinion at: http://scholar.google.com/scholar_case?case=14616757675307453787&q=jennifer+mendoza+v+bank+of+america&hl=en&as_sdt=2,10
OUTCOME: Dealership's motion to compel arbitration was denied, and the case moved forward in federal court. Eventually resulted in confidential settlement..
My client sued her former employer, a car dealership, for unpaid wages and other causes of action. The dealership argued that my client had signed an "Arbitration Agreement" when she was first hired a ... nd therefore was unable to sue in federal court. I successfully argued that the arbitration agreement was invalid as to my client, and the case was able to move forward. Opinion at: http://scholar.google.com/scholar_case?case=437808162083057167&q=schoendorf+v+toyota+of+orlando&hl=en&as_sdt=2,10
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